1. According to company act 2017 all written submissions and appeals shall be filed with the registrar of comapny bench.
2. For the purpose of this act written submission shall inter alia includes....
(a) a petition or application setting out a conscise statement of facts ,grounds and relief claimed;
(b) a written reply with particular sett off , if any;
(C) an affidavit of facts by petitioner or applicant or respondent , as the case may be including affidavits, if required of other person in the support of case duly attested by the oath commissioner , or as may be provided under the rules;
(d) any other relevant documents in the possession of petitioner or applicant or respondant , as the case may be ;
(e) any application for discovery of documents or interim injunction , of required;
(f) a list of any case law alongwith a summary of the same on which the petitioner or applicant is placing reliance ;
(g) adress for effecting service , mobile number, email and fax or any other mode notified by court:
(h) any other documents as may be required by registrar of company banch .
(3) where any petition or application is filed under provision of this act ,summons may be issued by the registrar of the company banch alongwith a copy of the petition or application and documents annexed therewith and same shall be served on the respondant through baliff or process server of court , through registered post , acknowledgement due, or by courier and by publish in one english news paper and one urdu news paper and, in the addition , if so directed by the court through electronic modes and shall be deemed valid service . Electronic modes means electronic transmission through devices such as Facsimile, email.
(4) The respondant shall file written reply and particulars of set off, to the registrar of company banch withn thirty days from the date of first service sent.
(5) where the respondant fails to file the written reply within 30 days,
A report shall submitted by registrar of the company bench before court and court may pass necessary orders to proceed ex party and will announce the final order on the basis of documents available on the record.
(6) The registrar of company banch on the completion of receipt of all written submission and after ensuring that all copies of such written submission are duly supplied to the parties as per procedure laid down by court , shall present the case file to the court on a day fixed under notices or such extended time as may be granted by court.
(7)The court after consulting council of the parties shall fixed date and allocate time for hearing of the case.
(8) No adjournment shall be granted once the court has fixed a date of hearing and it will be duty of parties to ensure the presence of their repective council or in the absence of councel make alternate arrangements:
PROVIDED THAT,
Only in the exceptional circumstances beyond control of a party , the court may grant another opportunity of hearing subjects to the payment of an amount of rupees ten thousand or such higher amount as may be determined by the court as costs to paid to the court.
(9) The court shall treat affidavits, conunter affidavits and other documents filed by parties to proceedings as evidance and decide matter on the basis of documents and affidavits placed before court in the summary manner and pass final orders within time time stipulated .
(10) in the exceptional circumstances where the court is of the view that any issue of facts requires cross examination, court may order attendance of the relevant deponent or deponants for the purposes of cross cross examination by such opposing party or parties as the court deems court deems fit and for the purposes of this section the affidavit filed by such deponent shall be considered as his examination in chief.
PROVIDED THAT:
(i) the court may refer the matter to the register of the company bench or any other person for recording of the cross-examination of the deponent who shall complete recording of cross examination within thirty days from the date of order of court which shall not be more than fifteen days on the payment of rupees ten thousand or such higher amount as may be determined by court as costs payable to the court and submit report accordingly;
(ii) all questions and answers along with any objections raised by any party shall be duly recorded in writing;and
(iii) the Registrar of the company bench shall have all power of the civil court under the CPC 1908 for purpose of execution of service summoning of deponants and cunducting cross examination in accordance with direction of court.
(11) The petition presented before the court shall be decided within period of one hundred and twenty days from the date of presentation of the case and for the purpose of the court may, if it is in the nterest of justice, conduct the proceedings on a day to day basis and if court deems fit it may impose costs which may extend one hundred thousand rupees per day or such higher amount as the court may determine against any party to proceeding causing the delay:
(12): The court may at any time , take notice of serious misstatement and and material non- disclosure of facts by any party to the proceedings and dismiss the petition or application or close the right of defence of respondent with costs of proceedings and impose a fine which may extend to one hundred rupees whichever is higher and pass a final order
(13) Notwithstanding any thing contain in this section , the registrar of the company bench shall place any application for interim relief including any interlocutory order before court for adjudication immediately upon its filing.
(14) any person aggrieved by any judgement or final order of the court passed in its original jurisdication under this act may within sixty days, file a petition for leave to appeal in the supreme court of pakistan.
PROVIDED THAT,
NO appeal or petition shall lie against interlocutory order of the court.
(15) Save as the otherwise expressly provided under this act , the provision of Qanun-e- shahdat 1884 and CPC 1908 shall not apply to the proceeding under this section except to such extant as the court may derermine in its discretion.
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